63G-7-403.  Notifying of the receipt of a notice of claim — Action in district court — Time for commencing action — Commencing action after time limit.

(1)  Within 60 days after the filing of a notice of claim, the governmental entity, the entity’s representative, or the entity’s insurance carrier shall inform the claimant in writing:

Terms Used In Utah Code 63G-7-403

  • Claim: means any asserted demand for or cause of action for money or damages, whether arising under the common law, under state constitutional provisions, or under state statutes, against a governmental entity or against an employee in the employee's personal capacity. See Utah Code 63G-7-102
  • Employee: includes :
(i) a governmental entity's officers, employees, servants, trustees, or commissioners;
(ii) a member of a governing body;
(iii) a member of a government entity board;
(iv) a member of a government entity commission;
(v) members of an advisory body, officers, and employees of a Children's Justice Center created in accordance with Section 67-5b-102;
(vi) a student holding a license issued by the State Board of Education;
(vii) an educational aide;
(viii) a student engaged in an internship under Section 53B-16-402 or 53G-7-902;
(ix) a volunteer, as defined in Section 67-20-2; and
(x) a tutor. See Utah Code 63G-7-102
  • Governmental entity: means :
    (a) the state and its political subdivisions; and
    (b) a law enforcement agency, as defined in Section 53-1-102, that employs one or more law enforcement officers, as defined in Section 53-13-103. See Utah Code 63G-7-102
  • Writing: includes :Utah Code 68-3-12.5
  • (a)  that the notice of claim has been received; and

    (b)  if applicable, that the governmental entity believes it is not the correct governmental entity with which the notice of claim should have been filed.
  • (2) 

    (a) 

    (i)  Subject to Subsections (2)(a)(ii) and (b), a claimant may pursue an action in the district court against the governmental entity or an employee of the entity.

    (ii)  A claimant may not file an action before the date that is 60 days after the claimant’s notice of claim is filed.

    (b)  Subject to Subsection (3), a claimant shall commence the action within two years after the claim arises, as provided in Subsection 63G-7-401(1), regardless of whether or not the function giving rise to the claim is characterized as governmental.

    (3) 

    (a)  As used in this Subsection (3), “claimant” includes a representative of an individual:

    (i)  who dies before an action is begun under this section; and

    (ii)  whose cause of action survives the individual’s death.

    (b)  A claimant may commence an action after the time limit described in Subsection (2)(b) if:

    (i)  the claimant had commenced a previous action within the time limit of Subsection (2)(b);

    (ii)  the previous action failed or was dismissed for a reason other than on the merits; and

    (iii)  the claimant commences the new action within one year after the previous action failed or was dismissed.

    (c)  A claimant may commence a new action under Subsection (3)(b) only once.

    Amended by Chapter 53, 2020 General Session